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Old 10-09-2010, 07:58 PM #1
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Default medicare set-aside and SSI

I am receiving SSD and recently applied for SSI. On friday I just received a check from my former workers comp ins. co.; it's the "seed money" for my medicare set aside. I understand that it's ONLY to be used for my work injury costs (such as meds & etc). I am no longer on workers comp.

What I'd like to know is: Will SSI count this money as a asset in my claim?
Thanks for any info you can give me.
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Old 10-09-2010, 10:17 PM #2
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http://ssa.gov/pubs/10018.html
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Old 10-11-2010, 12:20 PM #3
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This is something I need to look into. I was hurt on the job and also received a lump sum that I had to put in the bank. My understanding is I have to use this money before using Medicare. What I wonder is I am also still under my wife's insurance. They pay for all of my psych appointmets. I haven't had any issues with my knee. Do I use my wife's insurance if I need anymore knee surgeries or appointments. also what if there are no more issues with my knee who gets this money. It is close to $13,000. I would hate to lose it.
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Old 10-12-2010, 03:39 AM #4
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Jay,

This link explains how you can use a trust to hold those funds and pay your medical bills without it affecting your monthly SSI check

http://www.socialsecurity.gov/ssi/sp...pot-trusts.htm
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Old 10-12-2010, 03:45 AM #5
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Quote:
Originally Posted by Hoosier_Daddy View Post
This is something I need to look into. I was hurt on the job and also received a lump sum that I had to put in the bank. My understanding is I have to use this money before using Medicare. What I wonder is I am also still under my wife's insurance. They pay for all of my psych appointmets. I haven't had any issues with my knee. Do I use my wife's insurance if I need anymore knee surgeries or appointments. also what if there are no more issues with my knee who gets this money. It is close to $13,000. I would hate to lose it.
If the work injury was to your knee, then you save that money for future care for your knee. If you never need more care to your knee, when you pass away, that money goes to your next of kin or whomever you name in your will.

If you are already receiving SSI, I am surprised that they haven't counted that money as a resource if it's just sitting in a regular bank account. Did your Allsup lawyer who handled your SSDI application also manage the WC set aside and your SSI application ?
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Old 10-13-2010, 01:58 PM #6
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Confused

Yes; my one atty. did the W.C. set-aside & SSD. As for the SSI; I applied for it myself. I was denied just last month because I have a pension plan with my former employer & I had to find out if I could draw off of it or not. (Which I just found out I can't); so I sent in the paper to SSI stating I can't. Now I'll wait & see with that.
As with the links provided ---maybe I'm not reading it right. But, I can't find a simple "yes or no" answer (if W.C. medical set-aside payment will count against applying for SSI).
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Old 10-14-2010, 06:32 AM #7
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It looks like the WC set aside has to be in a special trust, so that it doesn't look like asstes that you could use whenever you want to. The specifics are at this link: http://www.socialsecurity.gov/ssi/sp...pot-trusts.htm
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Old 10-14-2010, 09:12 PM #8
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Quote:
Originally Posted by Jaycojade View Post
Yes; my one atty. did the W.C. set-aside & SSD. As for the SSI; I applied for it myself. I was denied just last month because I have a pension plan with my former employer & I had to find out if I could draw off of it or not. (Which I just found out I can't); so I sent in the paper to SSI stating I can't. Now I'll wait & see with that.
As with the links provided ---maybe I'm not reading it right. But, I can't find a simple "yes or no" answer (if W.C. medical set-aside payment will count against applying for SSI).
So you are not vested in the pension or not old enough to get a monthly annuity payment? If not, why can't you withdraw your contributions and have them paid in a lump sum. SSI needs to know that. May still be a resource. SSI would need to know that you cannot under any circumstances whatsoever get any money out of this pension plan.

I think the reason you cannot find a reference that your WC medical set-aside is excludable from SSI resources is because it is not.

Also, if you read the reference on trusts, you'll see that the trust cannot be funded with your own money. As soon as the check is issued to you, it becomes your money.
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Old 10-16-2010, 10:06 AM #9
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Janke;
Thanks for your info. I did invest in a pension; but I can't draw off of it till I'm 62. I requested a written statement stateing this and already send it into SSA
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Old 10-20-2010, 09:21 PM #10
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Janke;
Thanks for your info. I did invest in a pension; but I can't draw off of it till I'm 62. I requested a written statement stateing this and already send it into SSA
Your written statement needs to include a clause that you cannot withdraw it as a lump sum.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0500510001

read D.4
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